(A) Written approval required. It is unlawful for any person to tear down, demolish, construct, alter, remove, or relocate any improvement, or any portion thereof, which has been designated a cultural resource or cultural resource site pursuant to the provisions of this subchapter, or which lies within a historic district, or to alter in any manner any exterior architectural feature of such a cultural resource, cultural resource site, or improvement within a historic district, or to place, erect, alter, or relocate any sign within a historic district or on a cultural resource or cultural resource site, without first obtaining written approval to do so in the manner provided in this subchapter, nor shall the Administrator or Commission grant any permit to carry out such work on a designated cultural resource or cultural resource site or within a historic district without the prior written approval of the Commission.
(B) Permit procedure. The following procedures shall be followed in processing applications for approval of work covered by this subchapter:
(1) The Administrator shall report any application for a permit to work on a designated cultural resource to the Commission;
(2) If no permit is required to pursue work on a designated cultural resource, whoever is responsible for the work, whether it is the tenant, resident, or property owner, shall apply for approval to the Commission directly;
(3) Such applications shall be accompanied by such materials as are required by the Commission and are reasonably necessary for the proper review of the proposed project;
(4) The Commission shall complete its review and make a decision within 30 days of the date of receipt of the application. Unless legally required, there shall be no notice, posting, or publication requirements for action on the application, but all decisions, interim or final, shall be made at regular meetings of the Commission. The Commission’s decision shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision. This decision may be appealed.
(5) In review of permits sought in order to wholly or partially remove or demolish a cultural resource, cultural resource site, or historic district, the Commission may approve or disapprove the issuance of said permit or permits.
(C) Permit criteria. The Commission or the City Council, upon appeal, shall issue an approval for any proposed work as described in division (A) of this section, if, and only if, it determines:
(1) In the case of a designated cultural resource, the proposed work would not detrimentally alter, destroy, or adversely affect any exterior architectural feature;
(2) In the case of any property located within a historic district, the proposed construction, removal, rehabilitation, alteration, remodeling, excavation, or exterior alteration conforms to the prescriptive standards as adopted by the Commission, and does not adversely affect the character of the district; or
(3) In the case of construction of a new improvement, building, or structure upon a cultural resource site, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing designated improvements, buildings, and structures on said site.
(Prior Code, § 13-8-6) (Ord. 468, passed 4-15-1980)